I am in a unique situation. Any help is appreciated.
My H1B petition was sent to California Service Center last month. There was no receipt for 45 days, so my lawyer contacted USCIS and inquired. They were told that the case was assigned a receipt number, and rejected because either signature was missing or the fees was incorrect.
But the attached fees was correct, and the lawyer has evidence that the correct fees was submitted. Also they have verified all submitted documents and everything looks clear. Also USCIS deposited three out of four checks that were submitted. Fourth check was not cashed. May be they lost it.
Also the application was not returned for last 45 days. They still don't have it.
There is a case number and it says -
On May XX, 2012, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because the application or petition was not signed and the fee you submitted was not correct. Therefore, we have rejected your case and returned it to you, including all supporting materials and the incorrect fee. Please review the instructions on the rejection notice you received prior to re-submitting your case.
But nothing was received back, and even 3 checks got cashed out of 4.
Anybody faced similar situation? I was subject to the cap and it was filed in time. But now the CAP is reached. Can I retain the filing date?
Lawyer has opened a case for resolution with USCIS. Any idea how much time it takes for a case resolution?